The EU and US have been engaged in disputes since 2004 regarding subsidies to their respective major Aircraft manufacturers, Airbus and Boeing. Both sides have taken cases to the World Trade Organisation (WTO) Appellate Body with both sides being found at fault.
In April 2019, the European Commission published a draft list of products, worth €12 billion, that would be subject to retaliatory tariffs in the event that the US imposed tariffs on EU exports. This list included both beet pulp and cane molasses. The Department of Enterprise, Trade and Employment (DETE) held a public consultation process at the time.
The US imposed tariffs on EU exports in October 2019 following the WTO ruling in relation to EU subsidies paid to Airbus. In October 2020, the WTO's ruling in relation to US subsidies paid to Boeing allowed the EU to impose tariffs of up to $3.9 billion on imports from the US. The Commission decided to impose tariffs on 4th November 2020. The relevant Implementing Regulation was published in the Official Journal of the EU on 9th November 2020, with tariffs coming into effect on 10 November 2020.
After receipt of representations on the matter, DETE consulted the Commission's DG Trade regarding the applicable date for tariff imposition. The latter confirmed that products were only exempt from the additional 25% duty if EU importers could prove that products were exported from the US prior to 10th November 2020.
I have welcomed the announcement on 5th March 2021 by both sides of a four-month suspension of tariffs, and I am urging the Commission to fully engage in constructive dialogue in order to find a permanent resolution to these disputes.